R.D.R. v. State

Full title: R.D.R., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 21, 1995

653 So. 2d 498 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1842.

April 21, 1995.

Appeal from the Circuit Court for Orange County; Walter Komanski, Judge.

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony Hall, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

In this Anders appeal,¹ R.D.R. was assessed a $250 public defender fee as a condition of community control without being given an opportunity to be heard or advised of his right to contest the amount. See § 27.56(7), Fla. Stat. (1993); Jones v. State, 623 So.2d 627 (Fla. 5th DCA 1993). The condition is therefore stricken, without prejudice to reimpose it on remand after compliance with section 27.56(7), Florida Statutes (1993). In all other respects, the adjudication of delinquency and order of disposition are affirmed.

1 See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

AFFIRMED IN PART; ATTORNEY FEE STRICKEN; REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.